Capital Thinking Update - June 24, 2013

Patton Boggs Capital Thinking Weekly Update | June 24, 2013
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June 24, 2013

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Capital Thinking: Contents
General Legislative .......................................................................................................3
Agriculture and Food....................................................................................................3
Budget and Appropriations..........................................................................................4
Cybersecurity................................................................................................................6
Defense..........................................................................................................................7
Education ......................................................................................................................9
Energy .........................................................................................................................10
Environment................................................................................................................11
Financial Services.......................................................................................................12
Health Care..................................................................................................................14
Homeland Security......................................................................................................15
Immigration .................................................................................................................16
International ................................................................................................................17
Tax ...............................................................................................................................20
Technology and Communications............................................................................. 21
Transportation and Infrastructure ............................................................................. 22

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General Legislative
The Senate will resume consideration of S. 744, the Border Security, Economic Opportunity, and
Immigration Modernization Act on Monday, June 24 following any leader remarks. The time until
5:30 pm will be divided equally between the two Managers or their designees. The filing deadline
for all second degree amendments to Senator Pat Leahy’s (D-VT) S.A. 1183, as modified by the
Corker-Hoeven language regarding border security, is on Monday, June 24 at 4:00 pm. At 5:30 pm,
there will be a roll call vote on the motion to invoke cloture on S.A. 1183, as modified.
On Monday, June 24, the House will meet in pro forma session at 11:00 am. On Tuesday, June 25,
the House will meet at 12:00 pm for morning hour and 2:00 pm for legislative business, and votes
will be postponed until 6:30 pm. Legislation to be considered under suspension of the rules will
include: (1) H.R. 2383 – To designate the new Interstate Route 70 bridge over the Mississippi River
connecting St. Louis, Missouri, and southwestern Illinois as the “Stan Musial Veterans Memorial
Bridge”; (2) H.R. 1092 – To designate the air route traffic control center located in Nashua, New
Hampshire as the “Patricia Clark Boston Air Route Traffic Control Center”; and (3) H.R. 2289 – To
rename section 219(c) of the Internal Revenue Code of 1986 as the Kay Bailey Hutchison Spousal
IRA.
On Wednesday, June 26, and Thursday, June 27, the House will meet at 10:00 am for morning
hour and 12:00 pm for legislative business. On Friday, June 28, the House will meet at 9:00 am for
legislative business and last votes are expected no later than 3:00 pm. Other legislation on the
House calendar for this week are (1) H.R. 1864 – To amend Title 10, United States Code, to require
an Inspector General investigation of allegations of retaliatory personnel actions taken in
response to making protected communications regarding sexual assault (suspension, with 40
minutes of debate); (2) H.R. 1613 – Outer Continental Shelf Transboundary Hydrocarbon
Agreements Authorization Act (subject to a rule); and (3) H.R. 2231 – Offshore Energy and Jobs
Act, Rules Committee Print (subject to a rule).
Agriculture and Food
LEGISLATIVE ACTIVITY
 House Farm Bill. Last Thursday, June 20, the House failed to pass its version of the Farm Bill by a
vote of 195 to 234. Overall, 171 Republicans voted for the measure and 62 opposed the measure due
to concerns that there was still too much spending on farm subsidies and the Supplemental Nutrition
Assistance Program (SNAP, formerly known as food stamps). Among Democrats, only 24 voted in
favor of the bill and 172 opposed the bill because of the $20.5 billion in cuts to SNAP. Some
Democrats opposed the bill only after the House passed an amendment that would eliminate the
supply management program from the Dairy Security Act (DSA), which was incorporated into the

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base text of the Farm Bill. The DSA provided a dairy margin insurance program coupled with a supply
management program for farmers.
The rejection of the Farm Bill was a serious blow to House Agriculture Committee leadership, as well
as House Speaker John Boehner (R-OH) and Majority Leader Eric Cantor (R-VA) who had all
supported the bill. It is likely that the House will not reach an agreement to bring the bill back to the
floor before it expires on September 30. This means that Congress may need to pass another
extension of the 2008 Farm Bill to ensure that farm and nutrition programs continue. At this time,
however, next steps are unclear.
 This Week’s Hearings:
o Wednesday, June 26: The House Energy & Commerce Subcommittee on Energy and Power will
hold a hearing on the Renewable Fuel Standard.
o Thursday, June 27: The House Education and the Workforce Subcommittee on Early Childhood,
Elementary and Secondary Education will hold a hearing on school meal regulations.
Contact Information
For additional insights about likely policy developments, please feel free to contact the author of this
section: Dana Weekes at 202-457-6307 or dweekes@pattonboggs.com.
Budget and Appropriations
 Senate Appropriations Committee Membership. On Thursday, June 20, Senate Appropriations
Committee Chairwoman Barbara Mikulski (D-MD) announced that Sen. Chris Coons (D-DE) has
joined the committee to fill the seat held by the late Sen. Frank Lautenberg (D-NJ). In a statement
released last week, the Chairwoman expressed her confidence in the value Sen. Coons will provide
to the committee.
 House Appropriations Action. Last week the House Appropriations Subcommittees on
Transportation/Housing and Urban Development and Energy and Water approved their FY 2014
spending bills. The bills will be considered by the full committee this week along with a revised report
on FY 2014 suballocations.
 Senate Appropriations Action. Last week the Senate Appropriations Committee approved its FY
2014 Military Construction - Veterans Affairs and Agriculture spending bills. Prior to the markups,
Chairwoman Mikulski released the spending allocations set for each subcommittee. The overall FY
2014 discretionary spending cap is set at $1.058 trillion, which is $91 billion more than the $967
billion cap established in the Budget Control Act of 2011 (P.L. 112-25) and being utilized by the

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House Appropriations Committee. A detailed comparison of the subcommittee allocations for both
chambers is included below.
FY 2014 Discretionary Spending Allocations
[in millions of dollars]
Subcommittee Senate House
Agriculture 20,930 19,450
Commerce, Justice, Science 52,272 46,845
Defense 516,624 512,522
Energy and Water Development 34,773 30,426
Financial Services and General Government 23,031 16,966
Homeland Security 39,100 38,993
Interior, Environment 30,100 24,278
Labor, Health and Human Services, Education 164,330 121,797
Legislative Branch 4,350 4,124
Military Construction and Veterans Affairs 74,366 73,320
State, Foreign Operations 44,079 34,103
Transportation, Housing and Urban Development 54,045 44,100
Total discretionary (excluding disaster funding): 1,058,000 966,924
Senate Majority Leader Harry Reid (D-NV) announced last week that he intends to move
appropriations bills to the floor, with at least one bill expected to come up in July after the Senate
concludes work on the immigration bill.
 This Week’s FY 2014 Appropriations Markups:
o Tuesday, June 25: Financial Services and General Government – Senate subcommittee markup.
o Tuesday, June 25: Transportation-Housing – Senate subcommittee markup.
o Tuesday, June 25: Energy and Water – Senate subcommittee markup.
o Wednesday, June 26: Energy and Water – House full committee markup.
o Wednesday, June 26: Transportation-Housing – House full committee markup.

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Contact Information
section: Jessica Monahan at 202-457-6302 or jmonahan@pattonboggs.com.
Cybersecurity
LEGISLATIVE BRANCH ACTIVITY
 Cybersecurity Legislation. In the Senate, the committees with jurisdiction over cybersecurity issues
continue to work on drafting legislation that will be introduced in the coming weeks, including the
Senate Homeland Security and Governmental Affairs Committee, the Senate Commerce, Science,
and Transportation Committee, and the Senate Intelligence Committee. Previous efforts to pass
cybersecurity legislation in the Senate failed last Congress due to strong opposition from a number of
outside groups, including the U.S. Chamber of Commerce. Last week, Treasury Secretary Jack Lew
spoke at a private event to the Chamber’s Board of Directors calling for companies to keep
cybersecurity as a priority on their corporate agendas and asking the Chamber to support legislation
that would “incentivize the adoption of best practices and standards for critical infrastructure.”
 Data Security Legislation. Last week, Sen. Pat Toomey (R-PA), along with Sens. Angus King (I-ME)
and John Thune (R-SD), introduced the Data Security and Breach Notification Act of 2013 (S. 1193)
that would create a national data breach standard to replace the 46 separate state standards that
currently exist. The bill is identical to the legislation Sen. Toomey introduced last Congress and would
require companies to notify consumers promptly via mail, email or phone if their personal information
was stolen. The National Cable and Telecommunications Association has also indicated its support of
the legislation.
EXECUTIVE BRANCH ACTIVITY
 NIST Workshop. The next Cybersecurity Framework workshop hosted by the National Institute of
Standards and Technology (NIST) will occur at the University of Southern California in San Diego on
July 10-12. This will be the third out of four total workshops that NIST will host to discuss the
voluntary set of cybersecurity standards for owners and operators of critical infrastructure, as directed
by the President’s Executive Order in February.
 Department of Energy Cybersecurity Council. The U.S. Department of Energy announced last
week that it has created a new cybersecurity council that includes representation from the Office of
Electricity Delivery and Energy Reliability, the Office of Intelligence, the Office of the Chief Information
Officer, and the National Nuclear Security Administration. The council will be working on formulating
best practices for cybersecurity in the energy sector that will include ways to protect the electric grid,
nuclear stockpiles, and oil and gas facilities.

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 DHS Inspector General Report. Last week, the Department of Homeland Security (DHS) Inspector
General released a report detailing the Department’s lack of a strategic plan for assisting federal
agencies to be in compliance with the Federal Information Security Management Act (FISMA). The
report noted that the Office of Cybersecurity and Communications’ Federal Network Resilience unit
has yet to identify and develop medium- and long-term cybersecurity goals for federal agencies to
meet in order to ensure that all federal networks are secure. DHS will be working in the coming
months to address concerns outlined in the report and will be drafting an updated strategic
implementation plan to incorporate new priorities after a number of key managers left the Office of
Cybersecurity and Communications this past year.
Contact Information
For additional insights about likely policy developments, please feel free to contact the authors of this
section: Amy Davenport at 202-457-6528 or adavenport@pattonboggs.com, and Norma Krayem at 202-
457-5206 or nkrayem@pattonboggs.com.
Defense
LEGISLATIVE BRANCH ACTIVITY
 National Defense Authorization Act (NDAA). The Senate Armed Services Committee filed its bill,
S. 1197, on Thursday, June 20. Chairman Carl Levin (D-MI) and Ranking Member James Inhofe (R-
OK) would like to bring the bill to the Senate floor in July, but that remains uncertain at this time.
 Defense Appropriations. Last week, the Senate Appropriations Committee marked up and passed
its $10.7 billion Military Construction-Veterans Affairs bill. Sen. Chris Coons (D-DE) took the Senate
Appropriations Committee spot left vacant with the death of Sen. Frank Lautenberg (D-NJ). The
Senator’s Subcommittee assignments have yet-to-be-determined.
 Security Clearances. A Senate Subcommittee hearing last week explored the government’s
effectiveness in overseeing its security clearances, which comes on the heels of classified information
leaks of the NSA surveillance program by a government contractor, Edward Snowden. Sen. Bill
Nelson (D-FL) reportedly wrote a letter to Senate Intelligence Committee Chair Dianne Feinstein (D-
CA) requesting the committee investigate “how private contractors are managing the hiring and
monitoring of employees who have top secret clearance from the government and who handle highly
classified information.”
 Syria. Last week, Russian Foreign Minister Sergei Lavrov said Russia would deliver the contractually
obligated S-300 surface-to-air missiles to the Syrian regime. Two Russian warships are also
reportedly headed to the waters off of Syria. Meanwhile, Members of Congress are increasingly
voicing opposition to lethal U.S. action in Syria.

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 Afghanistan. Last week, security in Afghanistan formally transitioned from the U.S.-led NATO
Coalition to Afghan security forces. The Department of Defense continues to receive Congressional
scrutiny over its decision to purchase Mi-17 Hind helicopters from Russia’s Rosoboronexport for the
Afghan military. A leaked draft audit by the Special Inspector General for Afghanistan Reconstruction
last week revealed the Afghan unit that is slated to take possession of the 30 new Hind helicopters
will be unable to operate the aircraft due to personnel shortages and training and expertise issues.
Rep. Rosa DeLauro (D-CT) reportedly said the Pentagon “blatantly ignored the will of Congress” in
signing the latest contract. She further called for the contract to be cancelled immediately.
 Russia. House Armed Services Committee Chair Howard McKeon (R-CA) said of President Obama’s
speech last week in Berlin, Germany: “The President’s desire to negotiate a new round of arms
control with the Russians, while Russia is cheating on a major existing nuclear arms control treaty,
strains credulity.” Last week, the White House released a number of fact sheets related to Russia: (1)
on the U.S. Nuclear Weapons Employment Strategy, available here; (2) on the signing of a new U.S.-
Russian Federation bilateral framework on threat reduction, available here; and (3) on the
establishment of a new working group to handle information and communications technologies
threats, available here.
o Wednesday, June 26: The House Transportation and Infrastructure Subcommittee on Coast
Guard and Maritime Transportation will hold a hearing on “Coast Guard Readiness: Examining
Cutter, Aircraft and Communication Needs.”
REGULATORY ACTIVITY
 Women-owned Small Business Program Interim Rule. An Interim Rule published in the Federal
Register on Friday, June 21 removes the dollar limitation on set-asides to economically
disadvantaged women-owned small businesses (EDWOSBs) and to women-owned small businesses
(WOSBs) eligible under the Small Business Administration's Women-owned Small Business
Program. The dollar limitation, including options, was $6.5 million or less for acquisitions in the
manufacturing industries, and $4 million or less for all other acquisitions. As a result of this rule,
contracting officers may now set aside acquisitions restricted to EDWOSBs or WOSBs eligible under
the WOSB Program at any dollar level above the micro-purchase threshold, provided the other
requirements for a set-aside under the WOSB Program are met. The Interim Rule is FAR Case 2013-
010.
 Private Security Final Rule. The Department of Defense, the General Service Administration and
NASA are issuing a Final Rule amending the Federal Acquisition Regulation (FAR) to establish
minimum processes and requirements for the selection, accountability, training, equipping, and
conduct of personnel performing private security functions outside the United States. The Final Rule,
effective July 22 sets forth the applicability, pertinent definitions, underlying policy, and a clause to
implement minimum processes and requirements for personnel performing private security functions
in designated areas outside the United States (i.e., in combat operations, during certain contingency

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operations, or in an area of other significant military operations as appropriately designated). The new
requirements are found at FAR Part 25.3 in newly-added sections 25.302 through 25.302-6.
Contact Information
section: Stacy Swanson at 202-457-5627 or sswanson@pattonboggs.com, and John Sharp at 303-894-
6183 or jsharp@pattonboggs.com.
Education
 Student Loan Reform. Senators continue to work on a bipartisan deal to address federally
subsidized student loan interest rates, which expire July 1. The long-term deal, which is expected to
(1) peg the rates to the 10-year Treasury bill, (2) include a consolidated rate cap – something
Democrats have called “non-negotiable,” and (3) lock in the initial rate for the life of the loan,
represents a compromise between the White House, Senate Republicans, and Senate Democrats.
With the Senate scheduled to recess the week of July 1, the chamber is expected to vote on the
measure this week, as it faces pressure from House Republican leaders who passed their bill May
23. As such, House Education and the Workforce Committee Chairman John Kline (R-MN) delivered
the weekly Republican address on Saturday, June 22 to urge President Obama and Senate
Democrats to take action on a permanent fix to the student loan interest rate problem. After the
chamber’s failure to pass legislation reauthorizing farm programs, it is still uncertain whether House
Republicans will agree to the compromise, despite the Congressional Budget Office having scored
the proposal to save $8.6 billion over 10 years.
 ESEA Reauthorization. With the House Education and the Workforce Committee having advanced
its overhaul of No Child Left Behind last week, the chamber is likely to see floor action on the
measure in the coming weeks. The Senate Health, Education, Labor and Pensions (HELP)
Committee’s Chairman and Ranking Member have committed to advancing a very different Senate
measure so that a compromise can be reached through conference negotiation. However, a timetable
for consideration on the Senate floor has yet to be established, and with the Administration offering a
new round of ESEA flexibility last week, it is hardly pressuring Congress for a rewrite.
o Tuesday, June 25: The Senate Banking, Housing and Urban Affairs Committee will hold a
hearing concerning the regulatory perspective of private student loans.
o Thursday, June 27: The House Education and the Workforce Committee’s Subcommittee on
Early Childhood, Elementary and Secondary Education will hold a hearing titled “School Meal
Regulations: Discussing the Costs and Consequences for Schools and Students.”

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o Wednesday, June 26 – Friday, June 28: The U.S. Department of State’s Bureau of Educational
and Cultural Affairs will host the fourth annual EducationUSA Forum in Washington, D.C. College
and university officials will have the opportunity to meet with State Department officials and
EducationUSA regional experts to discuss strategies for helping international students study in
the United States and for U.S. students to study abroad.
Contact Information
section: Amy Budner Smith at 202-457-6154 or abudnersmith@pattonboggs.com, and Dana Weekes at
202-457-6307 or dweekes@pattonboggs.com.
Energy
o Tuesday, June 25: A Senate Energy and Natural Resources Subcommittee will consider pending
energy efficiency legislation.
o Wednesday, June 26: A House Natural Resources Subcommittee will hold a hearing on “The
Power Marketing Administrations: A Ratepayer Perspective.”
REGULATORY ACTIVITY
 Hydraulic Fracturing. According to a senior EPA official, the federal research study on the potential
impacts of hydraulic fracturing (HF) activities on drinking water resources is not expected to be
completed until 2016. A preliminary report may be released in late 2014.
 Methane Hydrates. The Methane Hydrate Advisory Committee will meet on July 16 at the
Department of Energy.
 GOM Lease Sale 227. The Bureau of Ocean Energy Management has extended the post-sale
evaluation period for bids received in the Central Gulf of Mexico Planning Area Lease Sale 227
through July 18.
 FERC. The Federal Energy Regulatory Commission will host a technical conference on centralized
capacity markets in Regional Transmission Organizations and Independent System Operators on
September 25.
 Manufacturing. Comments on the National Institute of Standards and Technology’s proposal to
create new “Manufacturing Technology Acceleration Centers” are due by July 22. The centers are
intended to address challenges encountered by small and mid-sized manufacturers in the integration,

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adoption, transitioning, and commercialization of existing and emerging product and process
technologies into their operations.
Contact Information
section: Tanya DeRivi at 202-457-6504 or tderivi@pattonboggs.com.
Environment
 Greenhouse Gas Emissions. The National Academies of Sciences (NAS) has released its report
titled “Effects of U.S. Tax Policy on Greenhouse Gas Emissions.” Congress had charged NAS with
conducting a comprehensive review of the Internal Revenue Code to identify the types of and specific
tax provisions that have the largest effects on carbon and other greenhouse gas (GHGs) emissions
and to estimate the magnitude of those effects. The study examines the effects of taxes on GHGs in
each of the following areas: Production Tax Credits for Renewable Electricity, Oil and Gas Depletion
Allowances, Home Energy-Efficient Improvement Credits, Nuclear Decommissioning Tax Preference,
Highway Motor Fuels Taxes, Aviation Fuel Taxes, Biofuels Provisions, Accelerated Depreciation,
Owner-occupied Housing Provisions and related topics. The report includes a summary of findings
and recommendations regarding the use of tax policy to address climate change. Results of the NAS
findings can be accessed here.
o Tuesday, June 25: The Senate Energy and Natural Resources Committee will hold a full
committee hearing concerning the challenges and opportunities for improving forest management
on federal lands.
o Tuesday, June 25: The Senate Energy and Natural Resources Committee, Subcommittee on
Energy, will hold a hearing to consider two energy efficiency bills: S.1084, which would name the
Office of Energy and Renewable Energy as the lead office to disseminate information on federal
programs that may be used to initiate, develop and finance energy efficiency, renewable energy,
and energy retrofitting projects for schools; and S. 717, which would direct the Secretary of
Energy to establish a pilot program to award grants to nonprofit organizations for the purpose of
retrofitting nonprofit buildings with energy-efficiency improvements.
o Wednesday, June 26: The House Energy and Commerce Committee, Subcommittee on Energy
and Power, will hold an oversight hearing titled “Overview of the Renewable Fuel Standard:
Government Perspectives.”

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o Thursday, June 27: The House Natural Resources Committee, Subcommittee on Public Lands
and Environmental Regulation, will hold an oversight hearing concerning outdoor recreation
opportunities on state, local and federal land.
o Thursday, June 27: The House Science, Space and Technology Committee will hold a
Subcommittee on Oversight and Subcommittee on Energy joint hearing concerning green
buildings and energy savings performance contracts.
REGULATORY ACTIVITY
 Municipal Solid Waste Landfills. The U.S. Environmental Protection Agency (EPA) is inviting small
businesses, governments and not-for-profit organizations to participate in a panel that will focus on
the agency’s review of its New Source Performance Standards (NSPS) for municipal solid waste
landfills. Municipal solid waste landfills are disposal facilities in or on land for household waste. These
landfills may receive certain other types of waste, such as non-hazardous sludge and commercial
solid waste. Emissions from municipal solid waste landfills occur from decomposition of wastes. EPA
is under a court-ordered deadline to complete its review and propose how to address the results of
that review by February 4, 2014 and to take final action by December 17, 2014. Details regarding
self-nominations can be found here. Nominations must be received by July 5.
 Drinking Water State Revolving Fund. The EPA has announced revised Drinking Water State
Revolving Fund (DWSRF) allotments that will be provided to the States, the District of Columbia,
Puerto Rico, U.S. Territories, American Indian Tribes and Alaska Native Villages if the President’s
budget request for FY 2014 is enacted. These allotments reflect the results from EPA’s most recent
Drinking Water Infrastructure Needs Survey and Assessment which was released on June 3. The
revised State allotment percentages will be the basis for distributing the DWSRF program
appropriations to the States for the four years from FY 2014 through FY 2017. For a breakdown of
state allocations click here.
Contact Information
section: Sarah Vilms, at 202-457-5248 or svilms@pattonboggs.com.
Financial Services
 Administration Nominations to be Considered this Week. On Thursday, June 27, the Senate
Banking Committee will hold a hearing to consider several of President Obama’s nominations,
including Rep. Mel Watt (D-NC) to be Director of the Federal Housing Finance Agency (FHFA); Kara
Stein and Mike Piwowar to be Commissioners at the Securities and Exchange Commission; Jason
Furman to Chairman of the Council of Economic Advisers; and Richard Metsger to be a Member of

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the National Credit Union Administration Board. It remains unclear if Republicans will block a vote on
Rep. Watt’s nomination when it reaches the Senate floor, but Sen. Bob Corker (R-TN) has raised
objections to the nomination, arguing that the FHFA Director position “is a job for a technocrat not a
politician.”
 House To Consider Legislation Setting CFTC Budget. This week, the House will consider
appropriations legislation that would set the Commodity Futures Trading Commission’s (CFTC) FY
2014 budget at $194.6 million. This level of funding is considerably below the Administration’s budget
request of $315 million. The legislation was approved by the House Appropriations Committee,
requiring $35.5 million of the total budget to go toward technology development. The legislation also
states that the CFTC should report to Congress on the implementation schedule and cost-benefit
studies for certain regulations, including the CFTC’s cross-border guidance and rules on position
limits.
 House Committee Marks Up Series of Dodd-Frank Modification Bills. On Wednesday, June 19,
the House Financial Services Committee held a markup hearing to consider H.R. 1564, the Audit
Integrity and Job Protection Act; H.R. 1105, the Small Business Capital Access and Job Preservation
Act; H.R. 1135, the Burdensome Data Collection Relief Act; and H.R. 2374, the Retail Investor
Protection Act. All measures were reported favorably to the House.
o Tuesday, June 25: The Senate Banking Committee will hold a hearing titled “Private Student
Loans: Regulatory Perspectives.”
o Wednesday, June 26: The House Financial Services Committee will hold a hearing on “Too Big to
Fail” banks and their treatment by the Federal Reserve Bank. The hearing is titled “Examining
How the Dodd-Frank Act Could Result in More Taxpayer-Funded Bailouts.”
o Wednesday, June 26: The House Financial Services Housing and Insurance Subcommittee will
hold a hearing to examine the Department of Housing and Urban Development's Moving-to-Work
program. The hearing is titled “Evaluating How HUD’s Moving-to-Work Program Benefits Public
and Assisted Housing Residents.”
o Thursday, June 27: The Senate Banking Committee will hold a hearing to consider several of
President Obama’s nominations.
Contact Information
section: Caroline Cauley at 202-457-6625 or ccauley@pattonboggs.com, Mara Giorgio at 202-457-6522
or mgiorgio@pattonboggs.com, and Matt Kulkin at 202-457-6056 or mkulkin@pattonboggs.com.

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Health Care
 Full Time Employee Bill. Sen. Susan Collins (R-ME) and Sen. Joe Donnelly (R-IN) introduced a bill
that would change the Affordable Care Act’s (ACA) definition of a full-time worker to someone who
works 40 hours a week, up from 30 hours, titled the “Forty Hours is Full Time Act of 2013.” The
Senators also sent a letter to President Obama expressing concern about the definition of a full-time
employee in the ACA.
o Monday, June 24: The Senate Committee on Homeland Security and Government Affairs will
hold a hearing on “Curbing Prescription Drug Abuse in Medicare.”
o Tuesday, June 25: The Senate Finance Committee will hold a hearing on “Program Integrity:
Oversight of Recovery Audit Contractors.”
o Wednesday, June 26: The House Committee on Energy and Commerce Subcommittee on Health
has scheduled a hearing on “A 21
st
Century Medicare: Bipartisan Proposals to Redesign the
Program’s Outdated Benefit Structure.”
o Wednesday, June 26: The House Committee on Energy and Commerce Subcommittee on
Oversight and Investigations will hold a hearing on “Challenges Facing America’s Businesses
Under the Patient Protection and Affordable Care Act.”
o Wednesday, June 26: The Senate Finance Committee will hold a hearing on “Health Care
Quality: The Path Forward.”
o Thursday, June 27: The House Committee on Small Business Subcommittee on Health and
Technology will hold a hearing on “Mobile Medical App Entrepreneurs: Changing the Face of
Health Care.”
o Thursday, June 27: The House Committee on Veterans’ Affairs will hold a hearing on “Assessing
VA’s Capital Investment Options to Provide Veterans’ Care.”
 State Applications for Health Coverage. The Centers for Medicare and Medicaid (CMS) released
guidance on state alternative applications for health coverage, following the April 30 release of the
model single, streamlined application for coverage through the new Health Insurance Marketplace
and insurance affordability programs. Beginning October 1, the Marketplace, which includes the
Exchanges, Medicaid and CHIP, will use either the model or state alternative application to determine
eligibility for enrollment in Qualified Health Plans (QHPs), premium tax credits and cost-sharing
reductions.

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Contact Information
section: Eugenia Edwards, at 202-457-5622 or eedwards@pattonboggs.com.
Homeland Security
 Budget and Appropriations. The House approved its version of FY 2014 Homeland Security
appropriations on June 6, but the Senate is just beginning the appropriations process. Senate
Appropriations Committee Chair Barbara Mikulski (D-MD) has announced that the Homeland Security
Subcommittee 302(b) allocation for FY 2014 will be $39.1 billion (plus $227 billion for war costs and
$5.6 billion in disaster funding), which is $200 million more than the House version (H.R. 2217). The
draft schedule being circulated in the Senate has tentatively set the subcommittee markup of the
homeland security spending bill on July 16, with the full committee marking up the bill on July 18.
 Immigration and Border Security. The Senate is debating the Border Security, Economic
Opportunity, and Immigration Modernization Act (S. 744) for up to three weeks, with senators already
offering hundreds of amendments. The Senate rejected Sen. John Cornyn’s (R-TX) strict border
security amendment, but other senators are crafting more border security amendments to gain the
necessary Republican votes for passage. The House bipartisan Gang of Seven announced its plans
to complete drafting and release its bill this week, but many remain skeptical that it will produce
comprehensive legislation. House Judiciary Chairman Robert Goodlatte (R-VA) continues to mark up
piecemeal bills, including Immigration and Border Security Subcommittee Chairman Trey Gowdy’s
(R-SC) SAFE Act (H.R. 2278), which would increase interior enforcement.
 Power Grid Protection. Rep. Trent Franks (R-AZ) has enlisted former House Speaker Newt Gingrich
and former Vice Presidential Chief of Staff Scooter Libby to support the introduction of his bill to
protect U.S. power grids from electromagnetic attacks, after similar legislation died in the House in
2012. Rep. Franks, who co-chairs the small Electromagnetic Pulse Caucus, says his legislation would
require the Federal Energy Regulatory Commission (FERC) and electric companies to develop rapid-
response standards and build hardware solutions to the potential threat of electromagnetic pulses.
o Tuesday, June 25: The House Homeland Security Subcommittee on Emergency Management,
intergovernmental Relations, and the District of Columbia will hold a hearing on “Are We
Prepared? Measuring the Impact of Preparedness Grants Since 9/11.”
o To Be Determined: The House Appropriations Subcommittee on Homeland Security has
announced that it will reschedule the March 6 hearing on FY 2014 appropriations for U.S.
Customs and Border Protection.

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 ICE Director Steps Down. In the middle of Congress’ debate over comprehensive immigration
reform, Immigration and Customs Enforcement Director John Morton announced his resignation after
four years. Given Republican opposition to some of his policies, including instituting prosecutorial
discretion to focus on deporting only the most dangerous undocumented immigrants, the Obama
administration may face a confirmation battle as it pushes Congress to overhaul the nation’s
immigration system.
Contact Information
section: Alexis Early at 202-457-5105 or aearly@pattonboggs.com, and Norma Krayem, at 202-457-5206
or nkrayem@pattonboggs.com.
Immigration
 Senate. This week Majority Leader Harry Reid (D-NV) is expected to conclude the debate and
amendment process on the Border Security, Economic Opportunity, and Immigration Modernization
Act (S. 744) and bring the bill to a final vote on the Senate floor before Congress departs for the
Fourth of July recess. Cloture votes are expected early in the week on the border security
amendment authored by Sens. Bob Corker (R-TN) and John Hoeven (R-SD), a substitute offered by
Judiciary Committee Chairman Patrick Leahy (D-VT), and the final bill. The four amendments that
were pending at the end of last week – Leahy S.A. 1183 (performing arts visas); Boxer S.A. 1240
(National Guard /Coast Guard training programs); Cruz S.A. 1320 (border security requirements); and
Reed S.A. 1224 (physical present requirements) – will receive a floor vote this week if they are
deemed germane to the bill. As a result of the Corker-Hoeven amendment, the Gang of Eight now
expects up to 15 Republicans to vote in favor of the bill, pushing the supporting total closer to a 70-
vote supermajority that would pressure the House to adopt the measure.
 House of Representatives. Over the last few weeks, House Speaker John Boehner (R-OH) has
made it clear that the bipartisan Senate bill is dead on arrival in the House. Even with passage of the
Corker-Hoeven amendment, his position may not change as many House Republicans do not see a
political benefit in their districts to supporting a vote for a comprehensive bill. Moreover, the Speaker
has stated that the House will not pass any bill that does not garner a majority of votes in the
Republican conference. The bipartisan Gang of Seven continues to draft its final language. Observers
remain skeptical that it will produce a bill in time, as the House Judiciary Committee continues to
mark up piecemeal immigration bills. It is possible that sections from the draft bipartisan bill could be
offered as amendments to the piecemeal bills in committee or eventually on the floor. This week the
committee will mark up Republican-sponsored E-Verify and high-skilled immigrant bills. Both are
expected to pass on party-line votes.

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o To Be Announced: This week the House Judiciary Committee will mark up the Supporting
Knowledge-based Immigrants & Lifting Levels of STEM Visas Act (SKILLS Act, H.R. 2131),
introduced by Rep. Darrell Issa (R-CA) and co-sponsored by Chairman Robert Goodlatte (R-VA).
o To Be Announced: This week the House Judiciary Committee will mark up the Legal Workforce
Act (H.R. 1772), which addresses E-Verify and was introduced by Rep. Lamar Smith (R-TX).
Contact Information
section: Alexis Early at 202-457-5105 or aearly@pattonboggs.com.
International
EXECUTIVE AND LEGISLATIVE BRANCH ACTIVITY
 Syria. Leaders at the G-8 Summit last week reiterated their support for a political solution to the
Syrian civil war and for the transitional government plan agreed to last year in Geneva. The G-8
Leaders Communiqué condemned the use of chemical weapons in Syria, but it did not identify the
perpetrators as the Syrian regime. On Thursday, June 20, World Refugee Day, the United Nations
characterized Syria as the “worst humanitarian disaster” since the Cold War. Secretary of State John
Kerry announced the State Department is nearly doubling the U.S. contribution to the U.N. High
Commissioner for Refugees, and President Obama announced an additional $300 million in Syrian
humanitarian assistance. This new funding brings the total U.S. contribution to the Syrian civil war to
$815 million. Meanwhile, Russian Foreign Minister Sergei Lavrov announced that Russia would
deliver the contractually obligated S-300 surface-to-air missiles to the Syrian regime. Two Russian
warships are also reportedly headed to the waters off of Syria. Iran has reportedly intervened to
stabilize the value of Syria’s currency after the United States agreed to provide lethal, small arms to
the Syrian rebels. At the same time, many members of Congress are increasingly voicing opposition
to lethal U.S. action in Syria.
 Afghanistan. Last week, the U.S.-led NATO Coalition formally transitioned its security role to Afghan
security forces. Also last week, the Taliban opened an office in Qatar and the United States
announced that talks would proceed with the Taliban about the security situation in Afghanistan post-
NATO withdrawal in 2014. However, Afghan President Hamid Karzai withdrew his delegation from the
announced talks because he objected to the Taliban’s attempt to confer diplomatic legitimacy by
calling its new Doha office “The Islamic Emirate of Afghanistan.” Secretary Kerry reiterated to
President Karzai that the United States does not recognize the name “Islamic Emirate of Afghanistan”
and noted the Government of Qatar had taken steps to ensure the Taliban’s office is in compliance
with the conditions established by the government for its operations. The United States continues to

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work with the Afghan Government and its High Peace Council to determine next steps to establishing
the reconciliation talks with the Taliban.
 Iran. On Saturday, June 15, the White House responded to the election of Iranian President-elect
Hassan Rohani by stating: “The United States remains ready to engage the Iranian government
directly in order to reach a diplomatic solution that will fully address the international community’s
concerns about Iran’s nuclear program.” A possible resumption of the P5+1 Talks, however, may not
occur until President-elect Rohani takes office in August.
 President Obama’s Travel. From Wednesday, June 26 to July 3, President Obama and the First
Family are traveling to Senegal, South Africa, and Tanzania to reinforce U.S. ties with sub-Saharan
Africa. In Senegal, the President will meet with President Macky Sall to address joint counterterrorism
efforts with African nations. President Obama will meet with South Africa’s President Jacob Zuma to
discuss bilateral trade, the renewal of the expiring (2015) African Growth & Opportunity Act (AGOA),
and South Africa’s regional leadership role. It is also anticipated that President Obama’s trip to South
Africa may include a meeting with former president Nelson Mandela. In Tanzania, President Obama
will meet with President Jakaya Mrisho Kikwete.
 Secretary Kerry’s Travel. From Friday, June 21 to July 2, Secretary Kerry is traveling to Qatar,
India, Saudi Arabia, Kuwait, Jordan, Israel, and Brunei. In Doha, the Secretary met with Qatari
officials to discuss bilateral issues and the conflict in Syria. In New Delhi, India, Secretary Kerry will
chair the fourth annual U.S.-India Strategic Dialogue. The Secretary will also open the second annual
U.S.-India Higher Education Dialogue. On Tuesday, June 25, Secretary Kerry will participate in
meetings with Saudi officials in Jeddah. On Thursday, June 27 – Saturday, June 29, the Secretary
will travel to Amman, Jordan, and Jerusalem, Israel, to meet with Jordanian, Israeli and Palestinian
Authority officials on advancing Middle East peace. Secretary Kerry concludes his travel in Bandar
Seri Begawan, Brunei, participating in a series of regional conferences, including: (1) the ASEAN-
U.S. Ministerial; (2) Lower Mekong Initiative Ministerial; (3) the Friends of the Lower Mekong
Ministerial Meeting; (4) the 20
th
ASEAN Regional Forum; and (5) the 3
rd
East Asia Summit Foreign
Ministers’ Meeting. The Secretary will also hold bilateral meetings with Bruneian officials, including
the Sultan of Brunei.
 Trade. Last Wednesday, June 19, the Senate confirmed Michael Froman as the next U.S. Trade
Representative in a 93-4 vote. Last Thursday, June 20, the White House released its 2013 Joint
Strategic Plan on Intellectual Property Enforcement, available here. Looking ahead on a separate
trade matter, the United States is expected to spotlight those countries that subsidize their steel
production at the July 1-2 meeting of the steel committee in the Organization for Economic
Cooperation and Development (OECD).
 At last week’s G-8 Summit in Northern Ireland, the Transatlantic Trade and Investment Partnership
(TTIP) was formally announced. The EU also issued its formal Mandate for TTIP, which includes
financial services, but not audio-visual services. The first round of TTIP negotiations will be held in
Washington, D.C. the week of July 8.

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One of two new intersessional meetings occurred last week in advance of the 18th round of
negotiations for the Trans-Pacific Partnership (TPP) in Malaysia (July 15-25). The cross-border trade
in services negotiating group met in Ho Chi Mihn City, Vietnam. The rules of origin negotiating group
will meet this week (Sunday, June 23 – Saturday, June 29) in San Francisco.
 Trafficking in Persons Report. Last Thursday, June 20, Secretary of State John Kerry released the
annual 2013 Trafficking in Persons Report. The Secretary reaffirmed the United States commitment
to helping countries prosecute traffickers and strengthen the rule of law in order to prevent the
corruption of global supply chains.
 Korea. On Thursday, June 20, House Foreign Affairs Committee Chair Ed Royce (R-CA) introduced
legislation (H.R. 2449) to extend for two years the current U.S.-South Korea civilian nuclear energy
cooperation agreement, which expires in March 2014.
 Turkey. After weeks of protests in Turkey, this week, the House Foreign Affairs Subcommittee on
Europe, Eurasia and Emerging Threats will hold a hearing on the demonstrations. (See This Week’s
Hearings below for specifics)
 Brazil. Last week, more than a million people in Brazil protested against increased transport fare
costs and corruption allegations and costs surrounding preparations for next year’s World Cup. The
State Department acknowledged it is monitoring the events in Brazil.
 Appointments & Nominations. On Tuesday, June 18, Secretary Kerry announced former Wisconsin
Democratic Senator Russ Feingold will serve as the U.S. Special Envoy to the Great Lakes Region of
Africa. Former Sen. Feingold previously chaired the Senate Foreign Relations Subcommittee on
Africa when Secretary Kerry was the Chairman of the full Committee.
On Friday, June 21, President Obama announced Caroline Atkinson would succeed Michael Froman
as the Deputy Assistant to the President and Deputy National Security Advisor for International
Economics. Michael Froman was sworn in last week as the new U.S. Trade Representative.
Last week, President Obama also announced his intention to nominate the following individuals:
James Comey to be the Director of the Federal Bureau of Investigations; Linda Thomas-Greenfield to
be Assistant Secretary of State for African Affairs; Reuben Brigety, II, to be the U.S. Representative
to the African Union; Jon Rymer to be the Inspector General at the Department of Defense; and the
following to be U.S. Ambassadors: Denise Bauer (Belgium); John Berry (Australia); James Brewster,
Jr. (Dominican Republic); Dan Clune (Laos); David Hale (Lebanon); Michael Hammer (Chile);
Terence McCulley (Cote d’Ivoire); Brian Nichols (Peru); and David Pearce (Greece).
o Tuesday, June 25: The Senate Foreign Affairs Committee will hold a hearing to review: (1) S.
718, Increasing American Jobs Through Greater Exports to Africa Act of 2013, (2) S. 559, Justice
for Former American Hostages in Iran Act of 2013, (3) S. Res. 144, concerning the Democratic
Republic of the Congo, (4) S. Res. 167, reaffirming U.S. support for the peaceful resolution of
Asia-Pacific maritime disputes, (5) S. Res. 165, calling for the release from prison of former Prime

20 of 23
Minister of Ukraine Yulia Tymoshenko, and (6) S. Res. 166, commemorating the 50
th
anniversary
of the founding of the Organization of African Unity and its successor, the African Union.
o Tuesday, June 25: The House Foreign Affairs Subcommittees on Global Human Rights and the
Middle East and North Africa will hold a joint hearing on “Religious Minorities in Syria.”
o Wednesday, June 26: The House Foreign Affairs Subcommittee on Europe, Eurasia and
Emerging Threats will hold a hearing on “Turkey at a Crossroads: What do the Gezi Park Protests
Mean for Democracy in the Region?”
o Wednesday, June 26: The House Foreign Affairs Committee will hold a hearing on the
“Broadcasting Board of Governors: An Agency ‘Defunct’.”
Contact Information
section: Stacy Swanson at 202-457-5627 or sswanson@pattonboggs.com.
Tax
 Senate Tax Writing Committee Continues Meetings on Reform. The Senate Finance Committee
has continued its series of closed-door Committee meetings on tax reform, recently issuing its tenth
and final option paper on non-income tax issues and related reforms. The most recent paper is
available here. A list of all the option papers published is available here.
Senate Finance Committee Chairman Max Baucus (D-MT) has indicated that he and Ranking
Member Orrin Hatch (R-UT) intend to meet this week to discuss the next steps for tax reform.
o Thursday, June 27: The House Committee on Ways and Means will hold a hearing entitled
“Status of Internal Revenue Service’s Review of Taxpayer Targeting Practices.”
Contact Information
section: Erin McGrain at 202-457-5344 or emcgrain@pattonboggs.com.

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Technology and Communications
LEGISLATIVE AND REGULATORY ACTIVITY
 Privacy. The World Wide Consortium (W3C), which has led the multistakeholder effort to establish a
universal Do Not Track (DNT) standard, will reach its last call deadline next Monday, July 1. In an
email to members of the working group last week, W3C co-chairs Peter Swire and Matthias Schunter
pledged to complete a proposal before the Monday, July 1 deadline, even if the group must extend
the length of their regular meetings or schedule additional calls. In particular, the co-chairs mentioned
that the group must still resolve the issue of deidentification.
 Spectrum Sharing. In a Friday, June 14 Presidential Memorandum, federal agencies and offices
were directed to accelerate their efforts to facilitate spectrum in order to increase the amount of
spectrum available for wireless broadband. The memorandum contained a number of steps to
accelerate spectrum sharing, including: establishing a Spectrum Policy Team that will work with the
National Telecommunications and Information Administration (NTIA) and the Federal
Communications Commission (FCC) to implement the memorandum; directing NTIA to continue
facilitating discussions on spectrum sharing between government and non-government entities; and
requiring NTIA to include in its next interim report a plan that directs federal agencies to quantify their
actual use of spectrum in bands previously identified as having the greatest potential for spectrum
sharing with commercial users. The Memorandum strongly encourages the FCC, in collaboration with
NTIA, to expedite the repurposing of spectrum and to enable innovative commercial use of spectrum
as rapidly as possible.
 Spectrum Hearing. Sources confirm that the House Energy & Commerce Committee will hold a
hearing on Thursday, June 27 to discuss potential private sector use of federal spectrum. A formal
announcement, including an agenda and list of speakers, should be available soon.
 Disability Access. The FCC announced comment deadlines for its Notice of Proposed Rulemaking
(NPRM) proposing rules to implement Sections 204 and 205 of the Twenty-First Century
Communications and Video Accessibility Act (CVAA), which require that user interfaces on digital
apparatus and navigation devices used to view video programming be accessible to and usable by
individuals who are blind or visually impaired. The NPRM seeks comments on a number of issues,
including whether to interpret Section 205 to apply to navigation devices supplied by multichannel
video program distributors (MVPDs). Comments and reply comments are due by July 15 and August
7, respectively.
 Contraband Wireless Devices in Jails. The FCC seeks comment on the use of technological
solutions (such as managed access, detection, and radio signal jamming) to curtail the use of
contraband wireless devices in correctional facilities. Comments and reply comments are due by July
18 and August 2, respectively.
 FCC Chairman Nominee Wheeler Hearing. On Tuesday, June 18, the Senate Commerce
Committee conducted a nominating hearing during which FCC Chairman nominee Tom Wheeler
stated his chairmanship would be guided by three policies: consumer protection, competition and

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predictability. Specific questions from Committee members solicited Wheeler’s views on merger
review, Universal Service Fund (USF) reform, E-rate modernization, federal spectrum sharing,
incentive auction rules, retransmission consent, and net neutrality. Michael O’Rielly, an aide to Sen.
John Cornyn (R-TX), is the current front-runner for the FCC Commissioner seat vacated by
Republican Commissioner Robert McDowell.
o Wednesday, June 26: The Senate Committee on Commerce, Science, and Transportation will
hold a hearing titled “From the Lab Bench to the Courtroom: Advancing the Science and
Standards of Forensics.”
o Wednesday, June 26 - Thursday, June 27: The First Responder Network Authority (FirstNet) will
hold a Regional Consultation Workshop in Memphis, TN.
o Thursday, June 27: The FCC will hold an Open Meeting.
o Thursday, June 27: The House Energy & Commerce Committee will hold a spectrum hearing.
Contact Information
section: Jennifer Richter at 202-457-5666 or jrichter@pattonboggs.com.
Transportation and Infrastructure
 House Appropriations Action. Last week the House Appropriations Subcommittee on
Transportation/Housing and Urban Development approved its spending bill for FY 2014. The bill
provides $44.1 billion ($13.9 billion less than the President requested) and reflects the automatic
spending cuts required under sequestration. Although the bill largely protects core funding for surface
transportation programs authorized in MAP-21 (P.L. 112-141), the subcommittee proposes no funding
for the TIGER grant program in FY 2014 and even calls for the recession of half the funding the
program received for FY 2013. The spending bill will be considered by the full committee on
Wednesday, June 26.
 Senate Appropriations Action. The Senate Appropriations Subcommittee on
Transportation/Housing and Urban Development is scheduled to mark up its FY 2014 spending bill on
Tuesday, June 25. Senate Appropriations Chairwoman Barbara Mikulski (D-MD) released her
allocation for the subcommittee, which is nearly $10 billion more than what is proposed in the House
bill.
 Proposed Legislation for Bridge Repairs. Last week House Democrats on the Transportation and
Infrastructure Committee introduced legislation that would provide $5.5 billion over two years for

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repairing structurally deficient bridges across the country. The SAFE Bridges Act (H.R. 2428) would
distribute funding to states according to a needs-based formula. The money would be in addition to
federal highway funding the states already receive.
o Tuesday, June 25: Transportation-Housing – Senate Appropriations subcommittee markup.
o Wednesday, June 26: The House Transportation and Infrastructure Committee will hold a hearing
titled “How Logistics Facilitate an Efficient Freight Transportation System.”
o Wednesday, June 26: Transportation-Housing – House Appropriations full committee markup.
o Thursday, June 27: The House Transportation and Infrastructure Subcommittee on Railroads,
Pipelines and Hazardous Materials will hold a hearing titled “National Rail Policy: Examining
Goals, Objectives and Responsibilities.”
Contact Information
section: Jared Fleisher at 202-457-6341 or jfleisher@pattonboggs.com, and Jessica Monahan at 202-
457-6302 or jmonahan@pattonboggs.com.

Capital Thinking Update - June 24, 2013

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